If an approved subtenant refuses to move out at the end of their agreed-upon term in Ontario, they become an “unauthorized occupant.” The primary tenant or the landlord must file an A2 Application with the Landlord and Tenant Board within 60 days to legally evict them; otherwise, the overstaying subtenant may inadvertently gain permanent tenant rights.
Navigating Subtenant Overstays in Ontario Rentals
Subletting your apartment is a common practice in university cities like Kingston, Waterloo, and London. 🏢 When a primary tenant goes home for the summer or travels for work, they find someone to take over the rent temporarily. Under the Ontario Residential Tenancies Act (RTA), a true sublet means the primary tenant vacates the unit, gives another person the right to live there for a specific period (with the landlord’s consent), and then returns to the unit before the main lease ends.
However, an absolute nightmare scenario unfolds when the summer ends, you arrive with your moving boxes, and the subtenant refuses to unlock the door. When a legal subtenant overstays their clearly defined term, the RTA ceases to view them as a legal subtenant. Instead, they are instantly reclassified as an “unauthorized occupant.” While it is infuriating, the laws in Ontario strictly forbid “self-help” evictions. You cannot simply break the lock, throw their belongings onto the lawn, or turn off the electricity.
Removing an unauthorized occupant requires a very specific application to the Landlord and Tenant Board (LTB). 📝 The most critical factor in this process is time. The RTA imposes a harsh 60-day statutory clock. If the primary tenant or the landlord fails to take formal legal action within 60 days of discovering the overstay, the “unauthorized occupant” could legally transition into an official tenant, stripping you of your right to return to your home.
Step-by-Step Process: Evicting an Unauthorized Occupant
Whether you are the displaced primary tenant or the bewildered landlord, regaining possession of the unit requires strict adherence to LTB procedures. Here is how you reclaim the property legally.
Step 1: Verify the End Date and Communicate
First, review the written sublet agreement. Ensure the exact move-out date has officially passed. Send a firm, written demand (via email and text) to the subtenant stating that their legal right to occupy the unit has ended and they must vacate immediately. Keep copies of all correspondence as evidence.
Step 2: Do NOT Attempt an Illegal Lockout
Despite your frustration, neither the primary tenant nor the landlord can physically remove the occupant or change the locks. 🚫 Doing so is an offence under the RTA and can result in the police being called, massive fines from the Rental Housing Enforcement Unit (RHEU), and an LTB order forcing you to let the occupant back inside.
Step 3: File an A2 Application Immediately
To initiate a legal eviction, either the landlord or the primary tenant must file an “Application about a Sublet or an Assignment” (Form A2) with the LTB. This form asks the Board to declare the person an unauthorized occupant and issue a formal eviction order. You must file this application within 60 days of the day the subtenant was supposed to leave. Missing this deadline is legally disastrous.
Step 4: The LTB Hearing and Sheriff Enforcement
Both parties will attend an LTB hearing. 👥 Since the sublet term clearly ended, the adjudicator will generally rule in your favour and issue an eviction order. Once you have this formal order, you take it to the local Court Enforcement Office (the Sheriff). Only an armed Sheriff has the legal authority to physically escort the overstaying occupant off the property.
How Much Does it Cost in Ontario?
Evicting an overstaying subtenant involves unavoidable government fees and potential legal costs. Here is the financial reality in Canadian dollars (CAD):
- LTB Filing Fees: Filing an A2 Application at the Landlord and Tenant Board currently costs $53 CAD (or $48 CAD if filed online).
- Sheriff Enforcement Fees: If the occupant ignores the LTB order, hiring the Court Enforcement Office to execute the eviction generally costs between $315 and $330 CAD, plus potential mileage fees.
- Legal Representation: Hiring an experienced paralegal or landlord-tenant lawyer to ensure the A2 application is flawless and to argue at the hearing typically costs $1,000 to $2,500 CAD.
- Financial Damages: The LTB can order the unauthorized occupant to pay compensation (equivalent to the daily rent) for every single day they overstayed in the unit.
How Long Does the Process Take?
The eviction timeline in Ontario requires significant patience, even for unauthorized occupants. The absolute most important timeline is the 60-day limitation period to file the A2 application. You should file it on day 1 or day 2 of the overstay to get into the queue.
As of May 2026, waiting for an LTB hearing date can take anywhere from 3 to 6 months due to provincial backlogs. 🕙 Once the adjudicator issues the eviction order, you usually have to wait another 2 to 4 weeks for the Sheriff’s office to schedule and execute the physical lock-out. During this agonizing waiting period, the primary tenant will likely need to find temporary alternative housing.
Understanding Sublets vs. Assignments
| Arrangement | Legal Definition | What Happens if They Don’t Leave? |
|---|---|---|
| Legal Sublet | Temporary takeover. Primary tenant intends to return. | Becomes an unauthorized occupant. Requires an A2 eviction within 60 days. |
| Lease Assignment | Permanent takeover. Primary tenant leaves forever. | Not applicable. The assignee is the new permanent tenant. |
| Unauthorized Sublet | Primary tenant sublets without asking the landlord. | Landlord can file an A2 to evict BOTH the subtenant and the primary tenant. |
Frequently Asked Questions (FAQ)
Who is responsible for filing the A2 application?
Either the landlord or the primary tenant can file the A2 application at the LTB. However, because the primary tenant is legally responsible to the landlord for returning the unit vacant, the primary tenant usually takes the lead to avoid being sued by the landlord for the resulting chaos.
Can I just call the local police to remove them?
No. Local police departments in Ontario consider landlord-tenant disputes to be civil matters, not criminal trespassing. The police will generally refuse to remove an occupant without a formal eviction order signed by the LTB and enforced by the Sheriff.
What happens if the 60-day deadline passes and I didn’t file?
This is legally catastrophic. If 60 days pass after you discover the unauthorized occupant and no A2 application is filed, the RTA may deem the landlord to have accepted the occupant as a brand new tenant. The primary tenant’s lease is essentially terminated, and you lose your right to return.
Does the subtenant have to pay rent while waiting for the hearing?
Yes, though it is legally termed “compensation for use and occupation,” not rent. If they do not pay, the LTB can order them to pay this compensation for the entire duration they illegally remained in the apartment.
Can I sue the subtenant for my hotel costs?
Because the LTB’s jurisdiction is generally limited to rent and direct property damages, suing a subtenant for your out-of-pocket expenses (like hotels or storage units) usually requires you to file a separate claim in Ontario Small Claims Court once the eviction is complete.
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